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ASEAN Economic Bulletin Vol. 23, No. 1 (2006), pp.

5774 ISSN 0217-4472 print / ISSN 1793-2831 electronic

DOI: 10.1355/ae23-1e

The New Indonesian


Social Security Law
A Blessing or Curse for Indonesians?

Alex Arifianto

The Indonesian Government has recently passed a new national social security law, which
supporters have said would make the existing social system works better for the
beneficiaries and would extend social security coverage to more workers and their families,
both in the formal and informal sector. However, opponents have stated that the new law is
flawed in many ways. The paper attempts to critically analyse the law and to predict its
possible impacts on Indonesian workers and economy in general. From this analysis, we
can conclude that there are several serious flaws in the government plan as outlined in the
new law, such as a worsening of Indonesias labour market conditions, financial
unsustainability, and added pressures on the state budget. Also, it does not allow
competition in the provision of social security benefits to Indonesians. A better policy would
be to strengthen the family support system, which has been the major source of old-age
support for elderly Indonesians. In addition, Indonesia should seriously consider adopting
a social security scheme based on the widely used multipillar approach to replace the
current public social security monopoly.

Keywords: social security, ageing, pension reform, Indonesia.

I. Introduction Soekarnoputri signed it. A task force appointed


On 28 September 2004, the Indonesian House of through the Vice-Presidents Office, first created
Representatives (Dewan Perwakilan Rakyat, or by the Presidential Decree (Kepres) No. 22/2002,
DPR) endorsed the law on the National Social drafted the law. The members of the task force
Security System (Undang-Undang Sistem Jaminan were representatives of sectoral ministries
Sosial Nasional, or SJSN). The law became a concerned with social security provision in
public law (Law No. 40/2004) on 19 October Indonesia, such as the Ministries of Social Welfare
2004, after outgoing President Megawati (Kesra), Manpower, Health, Social Affairs,

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2006 ISEAS

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Economic Affairs (Ekuin), Finance, and Indonesians today, both through traditional
Development Planning (Bappenas). No support and through formal channels (mainly the
representatives from stakeholders such as government). Section III describes major
employers associations and labour unions were provisions of the social security law in detail.
included in the drafting team. Specifically, the paper takes a closer look at the
The key feature of the new law is that it retirement benefit provisions under the new law.1
mandates the creation of several social security Section IV is a critical analysis of these
schemes for citizens: old-age pension, old-age provisions. It explains why the retirement benefit
savings, national health insurance, work injury provisions would endanger the welfare of most
insurance, and death benefits for survivors of Indonesian workers instead of improving their
deceased workers. The schemes would be financed welfare, and how it would create serious problems
by a payroll tax imposed on workers wages, to the Indonesian economy. Section V contains
collected equally from employers and workers, policy recommendations aimed at reforming the
mostly in the formal sector. newly enacted law so that it would be in line with
The passage of Law No. 40/2004 means that the the existing consensus on social security policy
existing social security programmes in Indonesia based on international experience. Section VI
would be expanded to cover not only civil servants concludes the paper.
(Taspen and Askes schemes) and private formal
sector workers (Jaminan Sosial Tenaga Kerja, or
II. Current Social Security Arrangements
Jamsostek), but would eventually cover all
in Indonesia
Indonesian citizens, particularly those who are
working in the informal economy. Indeed, the law For more than three decades, Indonesia has made
mandates that within the next two to three decades significant progress in its economic and human
social security coverage in Indonesia should be development. This has resulted in better health
expanded to the informal sector, the unemployed, conditions for Indonesians and longer life
and the poor. expectancy. The countrys life expectancy has
While it is assumed that many parties would increased dramatically during the last three
welcome the coverage of social security benefits, decades, from 45 in 1970 to 66 in 2004 (UNDP
such as pension, health, and work injury 2003). Consequently, the number of Indonesians
insurance, the passage of Law No. 40/2004 was aged 60 years and above has increased from 4.48
opposed by many stakeholders who are directly per cent of the population in 1971 to 7.97 per cent
involved with the issue of social security provision in 2000 (ADB 2004, p. 47).
including employers associations, labour During the past three decades, Indonesia has
unions, pension and healthcare companies, and also successfully implemented the family planning
independent economists. This is because, as would (keluarga berencana) programme, which has
be elaborated further in this paper, the new law reduced the number of children born into typical
contains several serious flaws that would make its Indonesian families. While in the early 1950s
implementation problematic. It is being made the average Indonesian family consisted of six
contrary to the consensus among social security children and their parents, in the 1990s the typical
experts and policy-makers. In addition, the law Indonesian family consisted of approximately 2.5
does not take into account the traditional family children and their parents (United Nations 1999).
support system that has been the main provider At the same time that birth rate has declined, the
of old-age income security for most elderly number of older Indonesians has increased at a
Indonesians today. rapid rate. It is estimated that by 2020, about 11.34
The remainder of this paper is divided into the per cent of the population will comprise of elderly
following sections. Section II describes the current Indonesians over 60 years old (ADB 2004, p. 47).
social security arrangements available for This trend will continue for the forseeable future.

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It is estimated that in the year 2050, about one- support. Unfortunately, the rapid ageing of
third of all Indonesians will be 55 years old or Indonesias population is occurring at about the
older and nearly one-fifth will be 65 years or older same time the country is undergoing rapid
(U.S. Census Bureau 2004). modernization and recovering from the impact of
It is estimated that currently about half of all the 1997/98 Asian financial crisis.
Indonesias elderly are still active in the labour Modernization has brought many changes that
force, mostly in the informal and agriculture affect the family support system in Indonesia.
sectors (Koesoebijono and Sarwono 2003, p. 391). The national family planning programme has
However, most of these elderly have difficulty in succeeded in significantly reducing Indonesias
supporting themselves, with an average income of birth rate. While this policy has resulted in
Rp500,000 (about US$55) per annum in 1999 reduced family expenditure for the support of
(Hatmadji, Mundiharno, and Pardede 1999, p. 48). children, it also means that elderly Indonesians
Because of their lack of earnings, a large number will be supported by fewer children when they
of them (about 45 per cent) have to rely on family enter old age. This, of course, could reduce the
support, while 31.5 per cent are self-employed. amount of support they will receive from their
Their only asset is often their house or land children in old age.
(Hatmadji and Pardede 1999). Among other changes in the family brought
The rapid ageing of Indonesias population about by modernization is the increased likelihood
within the next two to three decades will no that younger family members who are still in the
doubt create various public policy implications labour force migrating to other cities or countries,
for the country. There will be a greater demand where it is perceived to offer more job
for old-age income support schemes as more opportunities. While they might be able to earn
Indonesians are getting older, and eventually as more in the other city or country, younger family
their health deteriorates, they will have to leave members will be living further away from their
the labour force. The increased number of the elderly parents. As a result, the likelihood of
elderly in the countrys population will also children fulfilling their traditional role as their
result in an increased demand for medical care parents caregivers in times of need is reduced
and services for this sector of the population. As (Hugo 1996, p. 17).
a result, health expenditure as a percentage of Consequently, support for elderly Indonesians is
the gross national product (GNP) could be increasingly shifting from personal care, in which
expected to increase as well. the elderly receive direct emotional and physical
Historically, old-age policy has not been a care from their own children or family members,
major priority for the Indonesian Government, to a more impersonal and financially oriented
due to the fact that the number of elderly system, in which assistance is given in the form of
Indonesians (60 years and above) only formed cash or through hired assistants such as nurses
a small percentage of Indonesias population. and domestic help (Koesoebijono and Sarwono
Responsibility for the care of the elderly largely 2003, p. 394). Thus, while some elderly
fell on their families, since it was assumed that Indonesians might enjoy adequate financial
productive citizens would take care of their support, they lack the personal care and attention
aged and infirmed parents. Very little government that could only be provided by family members.
resources were allocated to assist elderly As a result of these shortcomings, the
Indonesians, especially those who are poor and/or Indonesian elderly increasingly have to turn to
have no immediate family members to assist them. third-party institutions for their care. These
In the past, most elderly Indonesians could rely services could come from the government or
on the extended support of their families, both as the private sector, both profit and non-profit
caregivers during the onset of health problems organizations, such as nursing homes, hospitals
and also as providers of supplemental financial and clinics. However, resources provided by these

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institutions are limited. Only about 10 per cent of Table 1 shows the specific social security
Indonesians (workers and their spouses) have premiums that have to be paid by both employers
some form of pension coverage,2 while only 15 and workers. Each employer has to make a
per cent of Indonesians are currently covered by contribution of between 7.24 and 11.24 per cent of
some form of health insurance scheme provided the total wages paid to their workers. This amount
by either the public or the private sector3 (ILO is equal to about one month of a workers annual
2003). In addition, it is virtually impossible for salary.5 In addition, each worker has to contribute
those aged 65 years and above to receive health 2 per cent of his or her wages to the retirement
insurance coverage, even though this age group is benefits programme.
more vulnerable to serious medical problems (ILO However, critics of the Jamsostek scheme have
2003, p. 193). Finally, social assistance spending stated that the existing social security system has
for elderly Indonesians still receives a low priority failed to prevent those affected by the Indonesian
in the governments budget. In the 2004 state economic crisis from falling below the poverty
budget, the government only allocated Rp21.5 line. This is because the current system is
billion (US$236,000) for such services (ADB inadequate in many ways. First, it does not cover
2004, p. 99), an amount that is far from sufficient informal sector workers (self-employed workers)
in meeting the needs of elderly Indonesians. and formal sector workers in small businesses
The remainder of this section will describe the (with ten employees or less). This means that the
government-run social security scheme for private vast majority of Indonesian workers (80 per cent
social security workers commonly called of the total workforce) are not covered by this
Jamsostek.4 The previous Indonesian Social scheme. In addition, it is also estimated that
Security Law (Law No. 3/1992) stipulates that the only about half of the employers required by
premiums for worker injury, death, and healthcare the Indonesian Social Security Law to make
benefits are paid entirely by employers, while the contributions to the scheme are actually making
retirement benefit premiums are shared by both contributions (ILO 2003; FIRST Initiative 2005).
employers and workers. Worker injury, death, and Thus, the number of workers that are actually
retirement benefits are invested in the Jamsostek covered by the Jamsostek programme is
provident fund managed by a state-owned abysmally low.
company, PT Jamsostek. Healthcare programme Additionally, Jamsostek does not create
can be contracted out to a private provider if it adequate incentives for its members to save for
can show that the benefits would be either similar retirement because the benefits received by those
to or more than the benefits provided by PT who make contributions to Jamsostek are very
Jamsostek (ILO 2003, p. 93). small. A World Bank study done by Leechor

TABLE 1
Contributions/Premiums for the Jamsostek Programme (% of wages)

Programme Employers Workers Total


Workplace Accident Benefits Programme (JKK) 0.241.74 0.241.74
(5 classes)
Death Benefits Programme (JK) 0.3 0.3
Retirement Benefits Programme (JHT) 3.7 2 5.7
Healthcare Benefits Programme (JPK) 36 36
Total 7.2411.74 2 9.2413.74
SOURCE: PT Jamsostek (2001).

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(1996) estimates that the total retirement benefits In conclusion, the state of the Indonesian
received by a Jamsostek recipient at retirement is elderly is clearly at a crossroads. Since their
valued at about 7 per cent of their final basic number is increasing rapidly, there will be greater
salary after thirty-five years of active work. demands from this group for both old age income
Another study conducted by the International support schemes and healthcare. Unfortunately,
Labour Organization (ILO) found that the average the traditional family support systems that these
value of Jamsostek benefits only amounts to five elderly tend to rely on are increasingly becoming
and a half months of their basic salary or eight and strained due to the fact that Indonesian family
a half months of the current minimum wage size continues to decline and also due to other
(UMR)6 (ILO 2003, p. 90). It has been concluded changes resulting from modernization (for
that these workers would earn a better rate of example, outmigration to cities and other
return on their investments if they put their countries and more formalized family relations
retirement savings into a bank account rather than based on financial rather than personal needs). At
the Jamsostek scheme. the same time, third-party infrastructure available
In addition, the rate of return on investments in to support elderly Indonesians is still
the Jamsostek fund is also very low. The ILO underdeveloped, given the lack of available
found that income from such investments is schemes provided by the government to support
valued cumulatively at 38 per cent below the level the needs of the elderly population and the poor
of inflation and 63 per cent less than the average governance of existing publicly run social
market rate (ILO 2003, p. 94). This is caused by security schemes such as Jamsostek.
the fact that the Jamsostek fund is invested mostly
in banks 80 per cent in 1997 and 86 per cent in
III. The New Social Security Reform Law:
June 1999 (Perwira et al. 2003). While such an
An Overview
investment is considered relatively safe, in the
long run it earns less than other investment As have been mentioned in Section I above, the
schemes, such as those invested in stocks, bonds, DPR passed the new Indonesian Social Security
and mutual funds. Law on 28 September 2004, which was signed by
Finally, critics have argued that the management outgoing President Megawati on 19 October 2004.
of the Jamsostek fund has not been open and The law itself is very short on the details of how
transparent. For instance, it has been found that PT the new social system (popularly known as
Jamsostek as the sole provider of publicly funded Jamsosnas or Jaminan Sosial Nasional) would
retirement benefits in Indonesia has failed to look like, including on amounts of benefits,
provide financial statements and regular progress contribution rates, rules regulating how the funds
reports that can be accessed by workers collected would be invested, and on the sanctions
participating in the scheme and the general public that would be applied if the fund is being
(Leechor 1996, p. 39). misappropriated. The law only states that these
When we look at the level of benefits received issues would be detailed later on in government
by workers covered by Jamsostek, combined with regulations, which in Indonesia are written
the low return on investment and lack of exclusively by bureaucrats from related ministries
transparency, it is no wonder that most Indonesian (such as the Ministries of Manpower, Health, and
employers and employees have little faith in the Finance) and do not require approval from the
scheme providing social protection for them. The DPR. Commentators attributed the lack of details
fact that only about half of all employers who are within the new social security law to the pressures
required to participate in the Jamsostek scheme to adopt the law before the term of the Megawati
are making contributions to the scheme is government ended, which requires many
testament to the low confidence of employers and compromises that could only be reached quickly
employees in the Jamsostek scheme. by removing contentious and debatable clauses

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from the law; hence reducing its substantive per cent and 1.75 per cent, depending on the
provisions to a minimum. The end result is an degree of the injury. Finally, the death benefit
ambiguous law, with language that can be programme is estimated to be the same as the
diversely interpreted (FIRST Initiative 2005). Jamsostek death benefit scheme (currently 0.3 per
The main provision of the law is Article 17, cent of ones base salary). The latter two
which makes membership compulsory to all programmes would be solely paid for by
Indonesian citizens and permanent residents and employers. From these figures, we can estimate
obliges employers and participants to contribute the total cost of the Jamsosnas programme for
certain percentages of wages. For non-wage formal sector workers to be between 22.54 per
earners, nominal amounts are be stipulated. cent and 23.75 per cent of a formal sector
Participants are defined as employees registered workers wages7 (see Table 2).
by their employer, self-employed workers who A National Social Security Board (Dewan
would have to register themselves, and poor/ Jaminan Social Nasional, or DJSN) will be set up
indigent citizens registered by the Indonesian to oversee the programme. It will consist of
Government. The government would be fifteen members, including representatives from
responsible for paying contributions to the poor central government ministries/agencies, business
and financially disabled persons, although initially associations, and labour unions. The members will
it is only responsible to pay for the contributions be appointed for a term of five years, which may
to the National Health Insurance programme (GOI be renewed for an additional five years. The
2004a). President would select the members, following
There are no stipulations about minimum or consultation with the Coordinating Ministry of
maximum amounts of benefits or contributions or Social Welfare (Kesra) (GOI 2003, pp. 1617; and
other parameters; such details are to be stipulated GOI 2004, Chapter IV).
by future government regulations. Contributions The day-to-day management of the national
would be shared equally between employers and social security programme will be carried out by
workers except for the death benefit and workers National Social Security Provider Agencies
compensation schemes where only the employer (Badan Penyelenggara Jaminan Sosial, or BPJS).
contributes. However, while the official Responsibilities of these agencies will include
contribution rates for the different Jamsosnas ensuring workers make monthly contributions to
schemes are still unknown, we could estimate the the national social security fund, issuing social
rates for the Jamsosnas pension and death benefits security identification numbers to every citizen in
programmes based upon the current Jamsostek Indonesia, and managing the national social
contribution rate, assuming that within the first security fund. The management of these agencies
few years of operation, they will not be much will be appointed according to the procedures
different from existing rates. described in future government regulations (GOI
The contribution rate for the retirement benefit 2004, Article 47).
programme is estimated to be around 16 per cent The National Social Security Agencies will
of ones base salary: 10 per cent for the old-age consist of the existing social security provider
pension scheme and 6 per cent for the old-age agencies: PT Jamsostek (which manages the
savings programme (the current contribution rate pension and health insurance programmes for
for Jamsostek provident fund). The contribution formal private sector employees), PT Askes
rate for the National Health Insurance programme (which manages health insurance for civil
is estimated at 6 per cent (the current contribution servants), PT Taspen (which manages the pension
rate for family coverage of Jamsostek health programme for civil servants), and PT Asabri
insurance scheme). Employers and workers will (which manages the pension programme for those
share these contributions equally. The work injury in the armed forces). These companies will
insurance contribution rate would be between 0.24 continue to operate their respective programmes

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TABLE 2
Estimated Jamsosnas Contributions/Premiums for Formal Sector Workers
(% of wages)

Programme Total Current Total Known Total Jamsosnas


Contribution Rates Jamsosnas Contribution
of Jamsostek Contribution Rates
Rates (Estimated)
Workplace Accident Benefits Programme 0.241.74 0.241.75 0.241.75
(5 classes)
Death Benefits Programme 0.3 Unknown 0.3
(Paid in full
by employers)
Retirement Benefit Programmes 5.7 Unknown 16
(equal contributions (10% for old-age
for old-age pension pension and 6%
and old-age savings for old-age
schemes) savings scheme)
Healthcare Benefits Programme 36 6 6
Total 9.2413.74 6.247.75 22.5423.75
SOURCE: Authors calculations.

and will presumably maintain their status as regional government in implementing social
profit-seeking state-owned enterprises (Persero).8 security programmes for Indonesian citizens. In
These four social security companies would addition, there might be conflicts with other
benefit from a de facto monopoly since no other existing laws, such as the pension fund and
social security administrators can be appointed insurance industry laws, which would be
unless a new law is adopted by the DPR (GOI discussed in the next section.
2004a, Article 5). The appointments are effective With regards to the retirement benefits, the law
immediately but these companies have to adjust creates a two-tier pension programmes. The first
themselves to the new social security law within a tier is the old-age pension programme, which is a
five-year period (GOI 2004a, Article 52). defined benefit (DB) pension scheme,9 which
The social security programmes are to be presumably would operate on a pay-as-you-go
operated on a national basis. There is no reference (PAYGO) scheme.10 Currently, only the pension
to the regions, their role in implementing the scheme for retired civil servants (Taspen) and
provisions of the law, or the possibility for a certain pensions plans sponsored by the private
region to create a new social security provider sector are operating as DB pension schemes. Thus,
agency. There is also a possible conflict with the only a small number of Indonesian workers have a
newly amended Regional Autonomy Law (Law DB pension plan at this time. As stipulated by the
No. 32/2004), since article 22(h) of the regional draft law, for the next fifteen years or so, it would
autonomy law states that in implementing only accumulate social security contributions, but
autonomy, regional government has responsibility would not pay any pension benefits to retirees
to develop a social security system (GOI (GOI 2004a, Article 41(4)).
2004b). Thus, the social security law creates the The DB of the old-age pension would be a
possibility of turf battles between central and percentage of the average income for the previous

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year. The fixed minimum pension under the have died or are suffering from a permanent
proposed plan is calculated as 70 per cent of the disability, their survivors (spouses and children
regional minimum wage (UMR). Widows and under the age of twenty-three) would receive the
widowers of workers and children of the workers benefits. The total amount of programme benefits
will receive a minimum pension between 40 per received by members is the entire amount of their
cent and 60 per cent of the local minimum wage contribution accumulated over the years, plus the
(GOI 2003, pp. 5960). Widows/widowers of investment returns of their contribution. Workers
workers will continue to receive pension benefits could start withdrawing their money from this
until they died, have remarried, or start working account after ten years of contributing into the
full-time. Children of workers will continue to scheme (GOI 2004a, Article 36).
receive pension benefits until they are married,
start working full-time, or have reached twenty-
IV. Critical Analysis of the Social Security
three years of age, whichever comes first (GOI
Reform Law
2004a, Article 41(1)).
The Indonesian retirement age is currently set at
IV.1 Are the Aims and Goals of the Law
the age of fifty-five, and a worker who has
Unrealistic?
contributed into the scheme for at least fifteen
years will be entitled to receive full pension First, the law seems to try to do many things at the
benefits from the programme. These workers, or same time. On top of existing old-age savings,
their survivors if the workers died before reaching work injury, and death benefits schemes, it creates
retirement age, will receive monthly pension a new DB pension scheme and a National Health
payments. Workers who retired before reaching Insurance scheme. Also, it sets a target for
the fifteen years contribution requirement above eventual coverage of all Indonesians, especially
would be entitled to receive the accumulated those who are working in the informal sector
amount of their old-age savings contribution, plus within the next two decades or so. The goals of the
its investment returns, in a lump sum. However, law are very ambitious indeed. In other countries,
they would not be eligible to receive a monthly the development of a national social security
pension (GOI 2003, p. 56; GOI 2004a, Article programme was carried out over a long period of
41(2)). time, starting from a small programme covering a
The second retirement scheme is called the old- small number of workers, and gradually expanded
age savings programme, which is a fully funded over many decades.
compulsory savings programme operating on a For example, when the United States enacted
defined contribution (DC) basis.11 Thus, it is the Social Security Act of 1935, it only provided
similar to the compulsory savings programme run retirement benefits for private formal sector
by PT Taspen for retired civil servants and their workers. Gradually its benefits were expanded to
widows/widowers. This scheme has similarities cover workers spouses and dependent children
with mandatory individual retirement account (1939), work injury (1956), and health insurance
schemes in countries that have adopted a for citizens over the age of sixty-five (1965). Its
secondary pension pillar as recommended by the coverage were also expanded over the years to
World Bank (1994), with one important exception: cover agriculture, domestic, casual workers, and
the scheme will be run by a public social security finally civil servants in 1983 (U.S. Social Security
monopoly instead of private investment Administration 2003). In all, it took nearly fifty
companies, as recommended by the Bank. years before social security benefits and coverage
The benefits of the old-age savings scheme in the United States were extended to the level it is
would be given as a lump-sum cash payment when today. Expecting Indonesia (a developing country
the workers die, suffer from a permanent unlike the United States) to be able to offer
disability, or enter retirement age. If the workers comprehensive social security benefits to all its

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citizens within the next decade or two is an suspicions that the proponents of the legislation
unrealistic proposition. decided not to perform the calculation because it
The task of extending social security coverage would show that the scheme they advocated would
to all Indonesians is further complicated by the not be financially sustainable after a few decades.
fact that about 70 per cent of Indonesian citizens Without an accurate actuarial calculation, it
are working in the informal sector, where workers would be difficult to measure the future liabilities
employment records and payroll stubs are not (also known as the implicit pension debt12) of
kept. Workers in this sector are also very mobile, Indonesias social security programme.
both in terms of their employers, occupations, and Experiences from other countries showed that the
the place they live. A worker who does farm amount of the implicit pension debt is very
work in his/her village today might become a substantial; OECD countries have an average
construction worker in an urban centre next implicit pension debt exceeding 200 per cent of
month, and a few months later might move to their GNP (James 1997). A study from the
coastal areas to work in the fisheries sector. Philippines estimated that the implicit pension
Keeping records of workers with such debt of the countrys public pension scheme is
employment patterns would be a daunting task, estimated to be about US$21 billion (about Rp200
especially given that records do not exist in the trillion) (Capulong 2004).
first place. Without accurate records, it would be We could predict that Indonesia, which has a
impossible to collect contributions and pay out population about three times larger than the
benefits to these workers. Apparently this fact was Philippines, would have an implicit pension
not considered when the social security law was obligation that would be much larger than the debt
passed, since the government did not specify how incurred by the Philippines social security system.
it plans to address this issue. Demographic estimates have shown that in line
with the international trend of population ageing,
the Indonesian population is expected to age very
IV.2 Would the System Be Financially
rapidly within the next few decades. It is estimated
Sustainable?
that Indonesians aged fifty-five years and older
Another reason why stakeholders were troubled by will increase from about 10 per cent of the
the new law is the fact that during its drafting and population in 2000 (about 23 million) to one-third
deliberation, no known actuarial calculations by 2050 (about 100 million). At the same time, the
detailing future contribution rates and benefits Indonesian population aged sixty-five years and
payable under this scheme for the next few older will rise from 10 million in 2000 (4.5 per
decades were conducted. Nor have there been any cent of the population) to 60.5 million in 2050 (18
reliable economic analyses on the short- and long- per cent) (U.S. Census Bureau 2004).
term impacts of this scheme on the labour market This shows that as more Indonesians are able to
and on the Indonesian economy in general. live past the current mandatory retirement age of
Such analyses have always been an integral part fifty-five years, they would be eligible to receive
of the enactment of social security reform pension benefits prescribed under the law. These
legislation in other countries. Indeed, an actuarial retirees would receive a pension benefit that is
calculation showing the total revenues collected considered generous under Indonesian standard.
by the national social security programme and Since it would be closely linked with minimum
total expenditures paid to beneficiaries over a wage, at 70 per cent of current UMR rate, a
period of 75 years is mandated as a part of the worker who live and work in Jakarta with current
U.S. social security legislation. Thus, the absence minimum wage of Rp700,000 per month (about
of such analyses as part of the enactment of US$75) would receive a minimum pension of
Indonesias social security law was viewed with Rp490,000 per month at retirement.
concern by Indonesian stakeholders and raised Since there would be approximately 100 million

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Indonesian retirees living in the year 2050 and A Social Monitoring and Early Response Unit
assuming that each pensioner will receive a (SMERU) study on the impacts of minimum wage
monthly pension of Rp490,000, in 2050 the increase in the urban formal sector in Indonesia
Indonesian Government will have to spend Rp49 shows that for every 10 per cent in real minimum
trillion each month (or Rp588 trillion per year, wages, there will be more than 1 per cent
equal to about US$61 billion) to fulfil these reduction in total employment, controlling for
pension obligations. With this enormous pension other factors such as economic growth and growth
obligations, it is highly questionable whether the in the labour supply (Suryahadi et al. 2003). We
government would have adequate funds to pay the could expect that the higher social security
pension benefits of every retiree under this contribution rate would result in similar losses of
scheme when the bill becomes due forty-five years formal job opportunities, something that would
from now. If the money accumulated in the pro- not be conducive for the new governments plan to
posed social security trust fund were insufficient reduce unemployment by half, from the current
to pay for this debt, the government would have to rate of about 9.7 per cent today down to 5.1 per
either use the general state budget or engage in cent by the year 2009.
further borrowing in order to pay for it. Additionally, the law seems to imply that there
The cost of bailing out insolvent social security would be a cross-subsidy from formal to informal
trust fund could be very substantial to workers, indicative from the fact that formal
governments. European countries such as Austria, workers would pay the contribution rate by taking
Italy, and Hungary had to spend more than one- a certain percentage deduction in their payroll,
third of their general revenue budgets towards while the informal workers would only pay a fixed
bailing out their failing public pension funds flat-rate amount of their salary (GOI 2004a,
during the 1990s (James 1997, p. 355). The Article 17, section 1). This would mean that the
prospect of spending substantial funds to bail out contribution of the formal sector workers would
failing public pension scheme is a frightening be set at a much higher rate than the informal
scenario for Indonesia.13 Thus, a careful second sector workers. For example, if a formal worker
look at the proposed scheme is needed to prevent earning a monthly income of Rp1 million per
such a scenario from occurring. month and is charged a 22.5 per cent contribution
rate,14 the amount of his wages that goes to pay
social security benefits would be Rp225,000. On
IV.3 What Are the Impacts of the Proposed
the other hand, an informal worker earning
Pension Scheme on the Indonesian Labour
Rp100,000 per month is only responsible in
Market?
paying Rp10,000 per month as social security
Another frequent criticism of the law is that since contributions, meaning that his contribution rate is
it mandates a somewhat high contribution rate only 10 per cent of his wages. This shows that the
(between 22 and 23 per cent of workers payroll), tax rate of informal workers is much lower than
it would create significant financial burden for their counterparts with formal sector employment.
employers and workers. The effect of the As a result of this large gap between the
imposition of higher contribution rate is similar to contribution rate of formal and informal workers,
the effect of a government-mandated increase in there would be significant incentives for formal
the minimum wage. Since labour supply in a workers to evade paying the full cost of their
competitive labour market is perfectly elastic, social security contributions by switching to the
employers could be expected to response to this informal sector, while continuing to earn the same
increase in social security contribution rates by earnings they receive as formal workers. Indeed,
shifting such costs to their workers, in the form of international evidence shows that evasion has
lower (or held constant) salaries, possibly even caused significant problems in publicly run social
reducing the number of workers employed. security programmes. For instance, while 72 per

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cent of the Philippines labour force are legally by private pension and health insurance
members of the countrys social security scheme, companies. They either obtained such benefits
only about 28 per cent of these workers actually from their employers or personally purchased
paid their compulsory contributions (Capulong them. Indeed, the private pension and health
2004). In Argentina, before the countrys pension insurance industry in Indonesia has been growing
scheme was fundamentally reformed, more than rapidly since the enactment of the Laws on the
50 per cent of the countrys formal workers Insurance Industry and Pension Fund in 1992
evaded their social security contributions, (Laws No. 2 and No. 11/1992, respectively).
resulting in large budget deficits to the These laws were enacted to encourage the
government (James 1997). As long as the gap development of private insurance and pension
between the formal and informal sectors social industry in Indonesia by giving them sound legal
security contribution continue to exist in standing and also to strengthen the growing
Indonesia, we could expect that many formal financial market in Indonesia (McLeod 1993). It is
workers will try to evade paying it, putting the estimated that there are about 345 private pension
sustainability of the system in serious doubt. plans and over 500 private health insurance
In addition, attempts to collect social security plans in Indonesia at this time (First Initiative
contributions from informal sector workers, both 2005; ILO 2003).
in Indonesia and in other developing countries in The companies providing these pension and
the past,15 have been very difficult, if not insurance plans could be made part of the nations
impossible, to be carried out. This is because social security programme, making the industry
many informal workers are very mobile both in fully competitive and efficient, and providing the
the type of jobs they undertake and in the place highest returns of investments to participating
they live. Thus, trying to find a particular informal workers. Yet according to the law, the government
worker from one month to another to collect their alone with the existing social security state
social security contributions could become a futile enterprises will continue to make decisions on
exercise. In the end, many informal workers are how the countrys social security fund is managed,
not covered by any social security schemes, either invested, and distributed among beneficiaries,
because the tax collectors could not find them, or while workers as the real owners of this fund are
because they failed to claim the social security not allowed to participate in the decision-making
benefits they are entitled to even if they have of the fund.
made some contributions into the scheme. As a Evidences from other countries show that
result, informal sector workers continue to be entrusting the operation of the national social
excluded from the publicly sponsored social security scheme (or the production of any goods
security scheme, even though many argued that that could be provided efficiently and
they would be the ones who need social security competitively by the private sector) to the same
protection the most. party that also regulates it (i.e., the government)
is a recipe for disaster. The government-run social
security programmes in these countries are always
IV.4 Does the Law Promote Unfair Competition
prone to fraud, waste, and bad investment choices
in the Provision of Social Security in Indonesia?
made by bureaucrats, which will reduce the real
Finally, the legislation disregards the role of rate of return of these programmes to their
competition in providing social security benefits beneficiaries. This could be seen from the fact
for Indonesians. According to the law, social that the rate of return of publicly managed pension
security provision would become the sole fund is much lower than that of a private plan.
responsibility of the government, despite the fact While the return of privately managed pension
that most formal sector workers already have funds averages about 7 per cent per annum, the
adequate health and retirement benefits provided average returns of publicly managed fund is

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1.8 per cent per annum, and if adjusted to the of proof. Given the nature of the deliberation
growth rate in per capita income the returns would of the law itself it was passed with little
be 8.4 per cent (Iglesias and Palacios 2000). consultation with the stakeholders and with total
As described in section II of this paper, similar disregard to their objections to the laws
situation has also occurred in the management of provisions stakeholders fear about the true
Indonesias private formal workers social security intent of the law supporters might once again be
scheme run by Jamsostek. This fact, along with proven correct.
anecdotes of mismanagement in Jamsostek that
seemed to be continually reported in the news
V. Policy Recommendations to Improve
media,16 diminishes the confidence of most
Old-Age Security Provisions in Indonesia
Indonesian workers in the publicly run social
security scheme. Many of them would prefer to Indonesia is at a crucial stage in its effort to
have direct control over the investments of their provide more adequate social security coverage to
social security fund, chosen competitively from its citizens and to reform its current social security
different firms that offer social security coverage, scheme so that it would work better for them. The
both public and private.17 Yet, the law as it is now current social security system is not sustainable
continues to deny the opportunity for these and has not been successful in providing adequate
workers to shop for the best social security benefits to the workers covered by it, because of a
programme for themselves, by declaring the relatively low rate of workers participation in the
government as the sole manager of workers social scheme, low rate of returns of the national social
security funds. security fund, and poor management of the
scheme. Therefore, many parties acknowledged
the need for a fundamental overhaul of the system.
IV.5 Unholy Motives?
Unfortunately, the current Indonesian social
Indeed, many stakeholders are wondering if the security reform proposal as stated in the National
true intention of the government and the DPR in Social Security System Law would generate a new
passing this law is to help poor Indonesians to pension scheme that would be too generous and
achieve better social security protection. Many could endanger the fiscal sustainability of the
have speculated that the real aims of the law government. The legislation does not take into
supporters is to create a huge fund outside the account rapid ageing projections of Indonesians
state budget, an off-budget slush fund similar to that would start to occur within the next few
the forest conservation fund (dana reboisasi) and decades, which could put additional fiscal strain
the rice marketing board (Bulog) fund of the New on the government. It might also worsen the
Order period. Despite their official rationales conditions of Indonesias labour market,
on the creation of these funds (preserving the contributing to more formal sector job losses
environment, etc.), the proceeds were really used and creating incentives for workers to remain in
for the personal use of certain high-level the informal economy. Finally, it also ignores
government officials and also to fund financially the potential for poor governance and misuse
questionable projects proposed by their families of the social security trust fund, as indicated by the
and cronies. Since the track record of the misuse of previous trust funds set up by the
government in managing these off-budget funds is government in the past.
abysmal, there is a high burden of proof that has to Internationally, there is a consensus among
be passed through by the proponents of the law to economists and policy-makers that publicly
convince sceptical stakeholders that the proposed managed social security scheme is no longer
social security trust fund would be different than viewed as an ideal system to finance workers
previous trust funds mentioned above. So far, the social security. Many of these countries have
supporters of this law have not showed this burden pursued other alternatives to achieve universal

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social security coverage for their citizens and at The first pillar is a publicly managed
the same time maintain competition and choice in programme that provides for a social safety net.
the provision of their social security programmes. This resembles existing public pension plans
Social security financing and provision should no such as Jamsostek but with a much smaller size
longer be regarded as a government monopoly. and focusing solely on redistribution, providing
Recent experiences from various countries have a social safety net for the old, particularly those
shown that private sector involvement in the whose lifetime income is low.
provision of social security benefits would The second pillar is a fully privately managed
positively improve service delivery, promote programme that handles peoples mandatory
competition and innovation that would improve retirement schemes and insurance. It links
social security provision and, in the end, improve benefits to contributions as in a defined con-
health and retirement outcomes of the tribution plan, whereby the workers pension is
programmes members (Fox and Palmer 1999). linked to his/her contributions plus the return
More than twenty developed and developing on investment. This programme is fiscally
countries (see Figure 1) have introduced reforms sustainable in the long run as benefits are tied to
to overcome the financial problems inherent in the workers contributions and, therefore, avoids
defined benefit pension scheme. Recent reforms possible costly bailouts from the state budget.
adopted in many other countries are built around The third pillar is a voluntary savings scheme
three pillars that provide old age pension for people who want more consumption in old-
benefits to their citizens.18 Indonesia could learn age strategy. The central idea is to create a
from these international experiences with pension credible mechanism for individuals to commit
reforms. The three-pillar strategy, which will to their long-term retirement planning by, for
diversify the risk of the private sector, is based on instance, imposing penalty for early withdrawal.
the following principles: Because of its importance, the government

FIGURE 1
Countries that Have Adopted Mandatory Privately Managed Social Security Scheme as
their Primary Social Security Plan, 19822000
80

Hong Kong
70
Hungary El Salvador
Kazakhstan Poland
60 Bolivia
Argentina Mexico
50 Australia Uruguay
In millions

Colombia
United Kingdom Denmark
40
Peru

30
Switzerland
Netherlands
20

Chile
10

0
1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000

SOURCE: James (2004).

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should appoint sound and reputable banks for retirement savings scheme run under the Jamsostek
this scheme. Furthermore, sufficient incentive programme is in many ways similar to individual
should be created to attract people to join the retirement accounts in many countries since these
scheme through, for example, personal income schemes are fully funded DC schemes with no
tax deduction and the possibility of using the income redistribution between different workers.
savings for investment. The only major difference is that the existing
scheme is managed by a government entity
Workers and employers should be given the (Jamsostek), while the schemes in the other
option to choose a social security programme that countries are managed by private financial firms
is suitable for their own needs. The government chosen competitively by the workers themselves.
can design a compulsory social security While the current Jamsostek scheme suffered from
programme for its citizens, but it is not necessary many governance and managerial problems, it is
for the programme to be run as a monopoly. The estimated that these problems would be minimized
programme can be run either by the public and if it were run under private management.
private sector. However, experiences show that the However, it is also recognized that relying solely
programme would earn better returns for its on earnings from private individual retirement
participants if it is run by the private sector. The accounts might not be sufficient to meet the
three-pillar option includes both public and private retirement expenses of some workers, because they
sector management. This is a safer social security would not have accumulated sufficient funds
policy as it diversifies risk among different available in their accounts for use after retirement
providers, rather than accumulate all risk in one and because their lifetime income was too low.19
provider. The government should pursue a special income
The government could play an important role in support programme to assist this group in meeting
the provision of social security in two additional their retirement expenses.20 The amount of
ways: assistance provided by this programme would meet
(1) Ensure the implementation and enforcement the basic expenses of these poor elderly (for
of necessary regulations and establish example, food and utility bills) and also would
financial prudential regulations for pension provide emergency assistance when the elderly
funds. faces chronic health problems. Such programmes
(2) Provide a separate social assistance pro- should ideally be financed through general tax
gramme to help the poorest citizens who are revenues so that it would not create additional
no longer able to work, which could be burden to businesses and current workers through
funded through general taxation. new taxes or fees. To ensure that the funds allocated
for this income support scheme would be
As seen from Figure 1, many countries have effectively spent, the government could subcontract
succesfully reform their public pension schemes the delivery of such funds to private banks or to
using the three-pillar paradigm, improving not-for-profit non-governmental organizations
confidence of workers in the scheme, increasing (NGOs).21 This special pension for the poor could
their investment returns, and improving the be given either as a means-tested pension scheme or
schemes governance (Fox and Palmer 1999). as a universal flat benefit scheme.
Judging from the success of these countries, the A means-tested benefit takes all income and
Indonesian Government should seriously consider assets into account for eligibility. The means-tested
transforming its public pension scheme into a programme for the elderly is integrated
privately and competitively managed pension with means-tested programmes for the general
scheme based on the three-pillar paradigm. population, the main difference being the
In fact, Indonesia already has a foundation for an presumption that a young person can work
individual retirement account scheme. The current productively while an elderly person could not, so

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there is less concern with work incentives in the coverage to all Indonesians, especially the poor
old-age programme. Countries that have adopted a working in the informal economy, the means to
means-tested pension benefit for the elderly achieve it would be based on a compulsory
include Australia, Hong Kong, and South Africa taxation scheme collected from workers wages,
(James 2004, pp. 4649). and the programme would continue to be be run
Some developed countries such as the as a government monopoly. Experiences, both
Netherlands, Denmark and New Zealand, pay a internationally and within Indonesia during the
flat benefit, uniform for every old person who past thirteen years the Jamsostek scheme has
resides in the country. Many developing been implemented, showed that this scheme is
countries such as Botswana, Mauritius, Namibia, destined to fail. It would create substantial
and Nepal offer more modest universal flat economic burden for employers and workers,
benefits. In most of these countries the universal which would motivate them to evade the scheme,
flat benefits are financed out of general revenues create significant fiscal burden to the Indonesian
(ibid., pp. 4950). government and taxpayers, and because it would
Finally, we should recognize that historically be managed by state-run monopolies and, run
most of the financial assistance provided for contrary to market principles. Indeed, when most
elderly Indonesians comes from their own other countries in the world is looking to reduce
families. Thus, there should be incentives to the role of their government in providing social
ensure the long-term sustainability of these family security coverage for their citizens and to rely
support arrangements as the country continues its more on the private sector to provide such
path of development.22 This might include efforts coverage, Indonesia is moving backwards,
to create new employment for Indonesian workers, relying on the same scheme that has been proven
preferably in better-paying sectors, combined with to fail in other countries. If reforms are not
efforts to attract new investors to the country that implemented immediately to reverse this cost,
would generate such jobs. The country might also Indonesia would pay dearly, financially,
consider introducing tax incentives to encourage economically, and politically, within the next
families to care for their aged relatives and to few decades.
lessen the financial burden of these families. The current Yudhoyono government should
Finally, training should be provided for families of proceed immediately to overhaul this social
sick and infirm elderly, who suddenly have to bear security law and replace it with one that would
the burden of caring for them, so that they are able maintain the countrys fiscal sustainability and
to provide appropriate and humane care for their promote economic growth. It should also
elderly relatives. encourage the role of private competitive market
in assisting Indonesia to meet the goal of
providing social security coverage to all
VI. Concluding Remarks
Indonesian citizens and helping to create social
While the official intention of the National Social security provision that truly would work for
Security System Law is to extend social security all Indonesians.

NOTES

The author would like to thank his SMERU colleagues, Dr Sudarno Sumarto, Dr Asep Suryahadi, and Mr Bambang
Sulaksono, for their suggestions in drafting this paper. The author also benefited extensively from the comments
given by Dr Ross McLeod, Dr Estelle James, and two anonymous reviewers on earlier versions of this paper. All
errors and omissions are the sole responsibility of the author.

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1. Non-retirement schemes created by the new law (such as the national health insurance, disability, and death
benefits) would not be analysed in this paper.
2. Workers who have pension coverage tend to be civil servants (covered by the Taspen scheme) or those working
with state-owned enterprises and large companies (ILO 2003). In addition, some private sector workers also
contribute to the compulsory old-age savings scheme (Jamsostek).
3. Specifically, 10 per cent are covered by a public health insurance scheme (Askes for civil servants, Jamsostek for
private formal sector workers, and community health maintenance schemes (JPKM). About 5 per cent have
private health insurance coverage (ILO 2003).
4. In addition to Jamsostek for private formal sector workers, there are other publicly sponsored retirement scheme
such as Taspen (for civil servants) and Asabri (for members of the armed forces). However, due to their relatively
small size, they would not be discussed in this paper. See Perwira et al. (2003) and Arifianto (2004) for further
details regarding these schemes.
5. Including the requirement for employers to pay a bonus equivalent of one months wages for the Idul Fitri
holiday, employers are required to pay about two months wages per year in addition to normal salaries.
6. The minimum wage in Indonesia is decided not at the national level, but at provincial and sometimes at district/
city level. The minimum wage is commonly called the Regional Minimum Wage (Upah Minimum Regional, or
UMR).
7. The contribution rate of informal workers would be a fixed, flat rate contribution based on a fraction of their
salary, to be determined later in a future government regulation.
8. The original draft of the National Social Security Law envisioned that these agencies would be converted into a
single social insurance agency, which would have been a non-profit entity. However, this proposal was dropped
in the latter version of the draft.
9. The DB scheme is a retirement plan in which workers are guaranteed a benefit upon retirement, usually based on
years of service, age, and final or lifetime earnings. The funding of the plans liabilities (promised benefits) and
the risks associated with the scheme become the responsibility of the employer/government (ILO 2003, p. xxii;
Weller 2002, pp. 34).
10. The PAYGO system is a social security system in which no funds are set aside in advance and benefits for
current retirees plus administrative costs are paid from current workers contribution (ILO 2003).
11. The DC scheme is a retirement plan in which only the contribution rates and bases of benefits calculations are
determined in advance (not the benefit level). The benefit is a direct product of the contributions paid to the
investment accounts, plus return of investments from these accounts. The risks, but not the control, of this
pension scheme rest with the workers (ILO 2003, p. xxii; Weller 2002, pp. 34).
12. Implicit pension debt is the present value of amounts promised to current retirees and workers enrolling in a
pension scheme (James 1997, p. 356).
13. Indeed, section 48 of the social security law states that the government could perform special actions in order to
secure the level of financial health of a Social Security Provider Agency (GOI 2004a). This clause is commonly
interpreted as a bail-out clause that would be carried out if the social security scheme is facing serious financial
problems or insolvency.
14. It is assumed that employers are able to fully shift the cost of their social security contribution to their workers.
Thus, workers are responsible of paying the full cost of their social security taxes, regardless of what the law
stipulates.
15. In 2002/03, PT Jamsostek conducted a pilot project that attempts to collect Jamsostek contributions from
informal sector workers. However, due to the many difficulties it found in collecting contributions from them, it
has quietly postponed this project.
16. Examples of alleged misuse of Jamsostek fund range from the construction of the Jamsostek Tower (Menara
Jamsostek) office building in the Kuningan area to stories about Jamsostek investment in the bankrupt Bank
Global that was revealed earlier this year (Tempo Interactive, 4 January 2005).
17. This is reflected from the authors personal communications with various representatives of the Indonesian
employers associations (KADIN and APINDO) and labour unions. Of course, it is not surprising for employers
to favour a private social security system over a public one. However, the fact that many Indonesian labour union
leaders favour it as well shows workers great lack of trust in the public social security scheme such as
Jamsostek.
18. For further details on the three-pillar social security system, see World Bank (1994).
19. The World Bank has recognized this in its most recent review of pension reform worldwide and has expanded the
three-pillar social security system into a five-pillar system. For details, see Gill et al. (2005).

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20. This is called the zero-pillar under the new World Banks social security paradigm (Gill et al. 2005).
21. For examples on how this is done in other developing countries, see Help Age International (2004).
22. Gill et al. (2005) has called family support as the fifth-pillar of the new World Banks social security paradigm.

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Alex Arifianto was a policy analyst at the Social Monitoring and Early Response Unit (SMERU) Research Institute
in Jakarta until August 2005. He is currently pursuing his postgraduate study at the School of Advanced International
Studies, Johns Hopkins University in Washington, D.C.

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